At Trbovich Law Firm in Buffalo, New York, we understand the serious nature of drug-related charges and the profound impact they can have on your life. As dedicated drug defense lawyers, we are committed to providing robust legal representation to individuals facing drug crime allegations. Our team of experienced drug crime lawyers is well-versed in the complexities of New York's drug laws and stands ready to defend your rights vigorously. Contact us today for robust drug charge defense.
How a Drug Defense Lawyer in Buffalo Can Help
As your drug crime lawyers, we at Trbovich Law Firm employ a comprehensive approach to your defense:
Thorough Drug Charge Case Evaluation
Our criminal defense attorneys begin by conducting a meticulous review of your case. This includes examining the circumstances of your arrest, the evidence against you, and any potential violations of your constitutional rights. Our drug defense attorneys leave no stone unturned in seeking out details that could be crucial to your defense.
Challenging Evidence
One key strategy employed by our drug defense lawyers involves scrutinizing the evidence presented by the prosecution. Our Buffalo criminal defense lawyers look for inconsistencies, procedural errors, or violations of your rights that could lead to evidence being deemed inadmissible. This might include questioning the legality of searches and seizures, the reliability of witness testimonies, or the handling of physical evidence.
Negotiating with Prosecutors
In many cases, our drug crime lawyers can negotiate with prosecutors to reduce charges or penalties. We may be able to arrange for alternative sentencing options, such as drug treatment programs or community service, especially for first-time offenders or in cases involving simple possession.
Representing You in Drug Court
If your case goes to trial, you can count on our drug defense attorneys to provide zealous representation. We will present a compelling case on your behalf, challenge the prosecution's arguments, and work tirelessly to protect your rights and freedom.
Potential Defense Strategies
As experienced drug defense lawyers, we employ various strategies depending on the specifics of your case. Some common defense approaches include:
- Lack of knowledge: Arguing that you were unaware of the presence of illegal substances.
- Unlawful search and seizure: Challenging the legality of how evidence was obtained.
- Entrapment: Demonstrating that law enforcement induced you to commit a crime you wouldn't have otherwise committed.
- Mistaken identity: Proving that you were wrongly identified as the perpetrator.
- Lab testing errors: Questioning the accuracy of drug analysis results.
- Violation of Miranda rights: Asserting that your constitutional rights were violated during arrest or questioning.
What Constitutes Drug Charges in Buffalo?
As drug defense lawyers serving Buffalo and the surrounding areas, we at Trbovich Law Firm frequently encounter various types of drug charges. Understanding what constitutes a drug offense is crucial for anyone facing such allegations. Here's an overview of the main categories of drug charges in Buffalo, which fall under New York State law:
Drug Possession
One of the most common drug charges, possession involves having illegal substances on your person, in your vehicle, or in a place under your control, such as your home. The severity of a possession charge depends on several factors:
- The type of drug (e.g., marijuana, cocaine, heroin, prescription drugs)
- The quantity of the drug
- Whether it's simple possession or possession with intent to sell
Drug Sale or Drug Distribution
These charges apply when an individual is accused of selling, trading, or giving away controlled substances. Even small amounts can lead to serious charges. As drug crime lawyers, we often see cases where simple sharing among friends has been construed as distribution by law enforcement.
Drug Manufacturing
Manufacturing charges involve producing illegal drugs or possessing the chemicals and equipment to make them. This can include operating a meth lab or growing marijuana plants. These charges often carry severe penalties due to the perceived danger to the community.
Drug Trafficking
Trafficking is a more serious charge that involves transporting or importing large quantities of illegal drugs. These cases often cross state or international borders and can involve federal charges.
Prescription Drug Offenses
With the ongoing opioid crisis, prescription drug offenses have become increasingly common. These can include:
- Forging prescriptions
- "Doctor shopping" (obtaining multiple prescriptions from different doctors)
- Illegally distributing prescription medications
Drug Paraphernalia
Possessing items used to consume illegal drugs, such as pipes or syringes, can also result in charges. While often seen as less serious, paraphernalia charges can still have significant consequences.
School Zone Violations
Drug offenses committed near schools or other designated areas can lead to enhanced penalties. As drug defense attorneys, we pay close attention to the location of alleged offenses, as this can significantly impact the case.
The specific nature and severity of drug charges in Buffalo depend on several factors:
- The type and amount of drug involved
- The defendant's prior criminal record
- Whether minors were involved
- The location of the offense (e.g., near a school)
- Whether weapons were present
Penalties for Drug Crimes in Buffalo
As drug defense lawyers serving Buffalo and the surrounding areas, we understand the serious nature of drug crime penalties in New York State. The consequences of a drug conviction can be severe and long-lasting, which is why it's crucial to have experienced drug crime lawyers on your side. Here's an overview of potential penalties for various drug offenses in Buffalo:
Possession Penalties
The penalties for drug possession in Buffalo vary widely depending on the type and amount of drug involved, as well as the defendant's criminal history. Generally, they can be categorized as follows:
Simple Possession (small amounts for personal use):
- Marijuana (under 3 ounces): Civil violation, fine up to $125
- Other controlled substances: Misdemeanor, up to 1 year in jail and/or fines
Possession with Intent to Sell:
- Class B Felony: Up to 25 years in prison
- Class C Felony: Up to 15 years in prison
- Class D Felony: Up to 7 years in prison
Sale or Distribution Penalties
Selling or distributing controlled substances carries more severe penalties:
- Class A-I Felony (large quantities of hard drugs): 8-20 years to life in prison
- Class A-II Felony: 3-10 years to life in prison
- Class B Felony: 1-25 years in prison
- Class C Felony: Up to 15 years in prison
Manufacturing Penalties
Drug manufacturing charges, such as operating a meth lab, are typically felonies:
- Class A-I Felony: 15-25 years to life in prison
- Class B Felony: 1-25 years in prison
Trafficking Penalties
Drug trafficking is among the most serious drug crimes:
- Class A-I Felony: 15-25 years to life in prison
Prescription Drug Offense Penalties
Penalties for prescription drug offenses can range from misdemeanors to felonies:
- Class A Misdemeanor: Up to 1 year in jail
- Class D Felony: Up to 7 years in prison
- Class C Felony: Up to 15 years in prison
Additional Drug Charge Consequences
Beyond incarceration and fines, drug convictions can lead to:
- Probation or parole
- Mandatory drug treatment programs
- Driver's license suspension
- Asset forfeiture
- Loss of professional licenses
- Difficulty finding employment or housing
- Immigration consequences for non-citizens
Factors Influencing Penalties of a Drug Crime Conviction
As drug defense attorneys, we know that several factors can influence the severity of penalties:
- Prior convictions
- Presence of weapons during the offense
- Involvement of minors
- Location of the offense (e.g., near schools)
- Defendant's role in the offense
Alternative Sentencing and Diversion Programs
In some cases, particularly for first-time or non-violent offenders, our drug defense lawyers may be able to secure alternative sentencing options:
- Drug court programs
- Probation instead of incarceration
- Rehabilitation and treatment programs
- Community service
These alternatives often focus on rehabilitation rather than punishment and can help avoid the harsh consequences of a traditional sentence.
What To Do If Charged With a Drug Crime in Buffalo
If you've been charged with a drug crime in Buffalo, it's crucial to take immediate and appropriate action to protect your rights and future. At Trbovich Law Firm, our drug defense lawyers recommend the following steps:
Exercise Your Right to Remain Silent
The first and most important step is to exercise your Fifth Amendment right to remain silent. Anything you say to law enforcement can be used against you in court. Politely inform the officers that you are invoking your right to remain silent and that you wish to speak with a drug defense attorney before answering any questions.
Do Not Consent to Searches
If the police ask to search your person, vehicle, or property, you have the right to refuse unless they have a valid warrant. Politely but firmly state that you do not consent to any searches. If they search anyway, do not physically resist, but clearly state your objection.
Contact a Drug Crime Lawyer Immediately
As soon as possible, contact an experienced drug defense attorney. At Trbovich Law Firm, our drug crime lawyers are available to provide immediate assistance. The sooner you involve legal representation, the better our criminal defense lawyers can protect your rights and start building your defense strategy.
Document Everything
Try to remember and write down as many details as possible about your arrest and the events leading up to it. This information can be crucial for your drug defense lawyer in building your case. Include details such as:
- Time and location of the arrest
- Names and badge numbers of arresting officers
- What was said by you and the officers
- Any witnesses present
Attend All Drug Court Appearances
Make sure to attend all scheduled court appearances. Failing to show up can result in additional criminal charges or the issuance of a warrant for your arrest. Your drug defense attorney will guide you through this process and may be able to appear on your behalf for certain proceedings.
Follow Your Drug Defense Attorney's Advice
Your drug crime lawyer will provide guidance tailored to your specific situation. This may include advice on:
- How to interact with law enforcement
- What to say (or not say) to friends and family about your case
- Whether to accept a plea deal or go to trial
- Potential defense strategies
Following this advice is crucial for the best possible outcome in your case.
Consider Drug Treatment Options
In some cases, voluntarily entering a drug treatment program can be beneficial for your case. This shows the court that you're taking proactive steps to address any underlying issues. However, always consult with your drug defense attorney before making this decision, as it may not be appropriate in all situations.
Preserve Evidence
If you have any evidence that might be relevant to your case, preserve it and inform your drug defense lawyer immediately. This could include text messages, emails, or surveillance footage that might support your defense.
Stay Off Social Media
Avoid posting anything about your case on social media platforms. Prosecutors can and do use social media posts as evidence. It's best to stay off these platforms entirely or at least avoid any mention of your case or related activities.
Take Care of Your Health
Being charged with a drug crime can be incredibly stressful. Take care of your physical and mental health during this time. If you're struggling with substance abuse issues, seek appropriate help and treatment.
Be Patient
Legal processes can be lengthy. While your drug crime lawyer will work diligently on your case, it may take time to resolve. Stay patient and maintain open communication with your attorney throughout the process.
Understand Potential Collateral Consequences of a Drug Conviction
Be aware that a drug charge can have impacts beyond the criminal justice system. These may include effects on employment, housing, education, and professional licensing. Your drug defense attorney can advise you on how to mitigate these potential consequences.
At Trbovich Law Firm, our experienced drug defense lawyers are here to guide you through every step of this challenging process. We understand the complexities of drug laws in Buffalo and New York State, and we're committed to providing the strongest possible defense for our clients.
Protect Your Future: Contact Trbovich Law Firm Today
Don't let drug charges derail your life. At Trbovich Law Firm, our experienced drug defense lawyers are ready to fight for your rights and freedom. We understand the complexities of drug laws in Buffalo and are committed to providing aggressive, strategic defense for every client.
Time is crucial when facing criminal charges. The sooner you act, the more options we have to build a strong defense. Contact Trbovich Law Firm now for a confidential consultation. Let us put our knowledge and skills to work for you.
Buffalo Drug Defense Lawyer FAQs
At Trbovich Law Firm, our drug defense lawyers frequently receive questions from clients facing drug charges in Buffalo. Here are some common questions and answers that may provide additional insight into your situation:
Can a drug charge be expunged from my record in New York?
New York doesn't have a true "expungement" process, but it does offer record sealing for certain offenses. As of 2017, individuals with no more than two misdemeanor convictions or one felony and one misdemeanor conviction may be eligible to have their records sealed 10 years after their sentence or release from prison. However, drug convictions can complicate this process. Our drug crime lawyers can advise you on your eligibility and guide you through the record-sealing process if applicable.
What is a "controlled substance analogue," and how does it affect drug charges?
A controlled substance analogue is a drug that has a chemical structure substantially similar to a scheduled controlled substance and has, or is represented to have, a similar effect. Under federal law and many state laws, including New York's, these analogues can be treated as controlled substances for legal purposes. This means you could face charges for a drug that isn't specifically listed as illegal if it's deemed an analogue. Our drug defense attorneys stay up-to-date on these complex legal issues to provide the best possible defense.
How do "drug-free zones" impact charges and penalties?
New York law imposes enhanced penalties for drug offenses committed within 1,000 feet of school grounds or 100 feet of a public park. These "drug-free zones" can elevate misdemeanor charges to felonies or increase the severity of existing felony charges. As drug crime lawyers, we carefully examine the location of alleged offenses and may challenge these enhancements if the measurements or designations are incorrect.
What is "constructive possession," and how can it affect my case?
Constructive possession means that while you didn't have physical custody of the drugs, you had knowledge of them and the ability to control them. For example, drugs found in a shared living space might lead to constructive possession charges for all residents. Our drug defense lawyers can challenge these charges by demonstrating lack of knowledge or control over the substances.
Can medical marijuana use lead to drug charges in Buffalo?
While New York has a medical marijuana program, users can still face charges if they don't strictly follow the program's rules. This might include possessing more than the allowed amount, using in prohibited places, or driving under the influence. If you're a medical marijuana user facing charges, our drug crime lawyers can help ensure your legal use is properly considered in your defense.
What is drug court, and am I eligible?
Drug court is a specialized court program that combines supervision, drug testing, and treatment services for non-violent offenders with substance abuse issues. Eligibility varies but generally includes non-violent offenders with a demonstrable drug problem. Successful completion of drug court can lead to reduced charges or case dismissal. Our drug defense attorneys can assess your eligibility and advocate for your admission into this program if appropriate.
How do international borders affect drug charges in Buffalo?
Buffalo's proximity to the Canadian border can complicate drug cases. Cross-border drug offenses often involve federal charges, which typically carry harsher penalties. Additionally, a drug conviction can lead to immigration consequences, including deportation for non-citizens. Our drug crime lawyers are well-versed in both state and federal drug laws and can navigate these complex jurisdictional issues.
What is the "separate offense" doctrine in drug cases?
Under this doctrine, possession of different types of drugs can be charged as separate offenses, even if they were found at the same time. This can lead to multiple charges from a single arrest. Our drug defense lawyers carefully review all charges to ensure they're properly applied and may challenge the separation of offenses when appropriate.
Can I be charged with a drug offense for sharing prescription medications?
Yes, sharing prescription drugs, even with family or friends, is illegal and can lead to charges of distribution of a controlled substance. These charges can be particularly severe if the medication is an opioid or other highly controlled substance. If you're facing charges related to prescription drugs, our drug crime lawyers can help explain your options and build a strong defense.
How does addiction affect drug charges and sentencing?
While addiction itself is not a legal defense, it can be a mitigating factor in sentencing. Courts may be more inclined to consider treatment-based alternatives if a defendant has a documented substance use disorder. Our drug defense attorneys can help present evidence of addiction and advocate for treatment-focused sentencing options when appropriate.
Remember, every drug case is unique, and the best course of action depends on the specific circumstances of your situation. If you're facing drug charges in Buffalo, don't hesitate to contact Trbovich Law Firm. Our experienced drug defense lawyers are here to answer your questions, protect your rights, and fight for the best possible outcome in your case.
